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WILLIAMS v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 8700.

100 F.2d 264 (1938)

WILLIAMS v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N.

Circuit Court of Appeals, Fifth Circuit.

Motion to Withdraw Opinion Denied December 15, 1938.

Attorney(s) appearing for the Case

W. E. Johnson and W. L. Oliphant, both of Dallas, Tex., for appellant.

L. E. Elliott and O. A. Fountain, both of Dallas, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

William R. Williams, appellant, sued at law to recover damages of Mutual Benefit Health & Accident Association, appellee. It is without dispute that the insurance company insured appellant as against accident. The appellant complains that he was permanently and totally disabled by reason of accident; that the policy was in force and effect at the time; that due and proper notice was given to the insurance company; and that the policy of...

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